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NO LICENSE – NO NEXUS

“It is impossible to prove jurisdiction exists absent a substantial nexus with the state, such as voluntary
subscription to license. All jurisdictional facts supporting claim that supposed jurisdiction exists must
appear on the record of the court.”
--Northern Pipeline v. Marathon Pipeline. 102 S. Ct. 3858 quoting Crowell v Benson 883 US 22.

“Where a person is not at the time a licensee, neither the agency, nor any official has any jurisdiction of
said person to consider or make any order. One ground as to want of jurisdiction was, accused was not a
licensee and it was not claimed that he was.”
--O'Nei1 v Dept. Prof. & Vocations, 7 CA 2d 398; Eiseman v Daugherty, 6 CA 783.

“Failure to reveal the material facts of a license or any agreement is immediate grounds for estoppel.”
--Lo Bue v. Porazzo, 48 Cal.App.2d 82, 119, p.2d 346, 348.

International Shoe:

“The party seeking to assert personal jurisdiction bears the burden of demonstrating that such
jurisdiction exists.”
-- Bird v. Parsons 289 F.3d 865, 871, 872, 874 (6th Cir. 2002)

“Whether due process is satisfied must depend, rather, upon the quality and nature of the activity in
relation to the fair and orderly administration of the laws which it was the purpose of the due process
clause to insure. That clause does not contemplate that a state may make binding a judgment in
personam against an individual or corporate defendant with which the state has no contacts, ties, or
relations.” --International Shoe v. State of Washington, 326 U.S. 310, 319 (1945)

Requirements for IN PERSONAM Jurisdiction

 as established by International Shoe, D must have certain minimum contacts with the forum state
that are not against traditional notions of fair play and substantial justice.
 minimum contacts: D must have sufficient minimum contacts with the forum so that the exercise of
jurisdiction is fair and reasonable. 2 key factors:

a) purposeful availment: some voluntary action by the D establishing a relationship with the
forum, purposely availing herself “of the privilege of conducting activities within the forum
state, thus invoking the protections of its laws” (Hanson)

 Rationale: gives D fair warning that a particular activity may subject them to that
state’s jurisdiction (Burger King); Also, gives a “degree of predictability to the legal
system that allows potential D’s to structure their conduct with some minimum
assurance as to where that conduct will and will not render them liable” (WWV)
 purposeful availment may be found more easily with regard to a D’s commercial
activity than with regard to noncommercial activity (ex. Burger King)
 stream of commerce: split court. Asahi

b) Foreseeability – Int’l Shoe contacts require that it be foreseeable that the D’s activities make
her amenable to suit in the forum. The D MUST know or reasonably anticipate that her
activities in the forum render it foreseeable that she may be hailed into court there. See
Hanson (relocating), WWV (product - car), Burger King (long-term business agreement)

 Fairness – In addition to having minimum contacts with the forum, Int’l Shoe requires that the
exercise of PJ not offend traditional notions of fair play and substantial justice. Greater
fairness analysis can lead to a need for fewer contacts with the forum state in order to
establish PJ.

 Fairness factors from Worldwide Volkswagon


 greater concerns with foreign Ds. Court recognized the “unique burdens placed upon
one who must defend oneself in a foreign legal system” Asahi

International Shoe Co. v. Washington, p77

 time had come to restate the principles – now we can get IPJ even if D is not in the forum.
 we have jurisdiction if the “D has such minimum contacts with the forum that exercise of
jurisdiction does not offend traditional notions of fair play and substantial justice”
 Issue: whether a non-resident corporation with no offices within a state, and making no contracts
there, is subject to jurisdiction in the state by virtue of soliciting sales orders within the state and
shipping merchandise to the state.
 Rule: jurisdiction is proper over a D who has “certain minimum contacts with [the state] such that
the maintenance of the suit does not offend ‘traditional notions of fair play and substantial
justice’”
 fair play and substantial justice: the inconvenience of litigating in a distant forum is relevant
 most quoted text on jurisdiction: “but now that the capias ad respondendum has given way to
personal service of summons or other form of notice, due process requires only that in order to
subject a defendant to a judgment in personam, if he be not present within the territory of the forum,
he have certain minimum contacts with it such that the maintenance of the suit does not offend
“traditional notions of fair play and substantial justice,” p. 78.
 the D who deliberately chooses to take advantage of the “benefits and protections of the laws” of a
state will not be heard to cry “foul” when that state holds her to account in its courts of her in-state
acts.
 continuous and systematic/large volume of business/not necessarily related - general jurisdiction
 continuous/systematic/related - specific jurisdiction
 single/isolated/closely related to cause of action - specific jurisdiction
 single/isolated - no jurisdiction